Video URL
LCA FAQs
Monday, November 20, 2023 - 06:07
Working outside the United States on H-1B visa and the implications for remote employees
Question
Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.
My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.
Tuesday, September 20, 2022 - 06:36
Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Question
Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Answer
Tuesday, November 16, 2021 - 06:59
Are L-1B visa holders eligible to work remotely?
Question
This is a question about after the return to normalcy from the pandemic. From an immigration perspective, are L-1B visa holders allowed to work remotely/work from home from within the U.S.? Does it matter whether the employee's house (where she will work from) is near the designated company office location or not?
And lastly, would you expect difficulty with getting the L-1B visa in the first place if the intention is to work remotely/from home (but within the U.S.)?
Answer
Wednesday, August 5, 2015 - 06:29
H-1B Employee, telecommuting/working from home
Question
I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.<br>
My Questions are<br>
1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India.<br>
2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?<br>
3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B
Answer
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/tSRYmjhoEzA?t=437
FAQ Transcript:
1. The answer is it can. When you have a telecommuting job in most cases what we do is we actually get an LCA for that location. I think that is the proper method to do things. So make sure you have LCA for your home location. You can always come back on H-4 if the H-1 is denied and your husband does not have to go with you. It is not necessary to go as a family but the option of coming back on H-4 is always there.
2. We always get LCA for home location. So if your employers have not obtained LCA for you I think they might need to do an H-1B amendment depending upon the facts of your case. So before you go for visa stamping it would be a good idea to discuss it with your lawyers. In my view the safest thing is to have an LCA and that location specifically approved under the H-1 process.
Tuesday, September 23, 2014 - 07:04
LCA for Singapore H-1B1
Question
Do we need to send an LCA for H-1B1 Singapore quota?
Answer
Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.
Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777
Tuesday, May 14, 2013 - 03:33
Posting a Notice of Filing of LCA
Question
Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?
Answer
Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.